BILL NUMBER: AB 1604INTRODUCED BILL TEXT INTRODUCED BY Assembly Member Campos FEBRUARY 7, 2012 An act to add Section 632.2 to the Penal Code, relating to wiretapping. LEGISLATIVE COUNSEL'S DIGEST AB 1604, as introduced, Campos. Invasion of privacy: computer crimes. Existing law makes it a misdemeanor to, by means of any machine, instrument, or contrivance, or in any other manner, intentionally tap, or make an unauthorized connection, whether physically, electrically, acoustically, inductively, or otherwise, with a telegraph or telephone wire, line, cable, or instrument, including the wire, line, cable, or instrument of an internal telephonic communication system, or to willfully and without the consent of all parties to the communication, or in any unauthorized manner, read or attempt to read, or to learn the contents or meaning of a message, report, or communication while the same is in transit or passing over a wire, line, or cable, or is being sent from, or received at any place within this state. Existing law also makes it a misdemeanor to intentionally and without the consent of all parties to a confidential communication, by means of any electronic amplifying or recording device, eavesdrop upon or record the confidential communication, whether the communication is carried on among the parties in the presence of one another or by means of a telegraph, telephone, or other device, except a radio. This bill would authorize a person to intercept the wire or electronic transmissions of a computer trespasser, as defined, if specified conditions are met, including authorization by the owner or operator of the computer system and being engaged in an investigation. Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 632.2 is added to the Penal Code, to read: 632.2. (a) Notwithstanding other provisions of law, a person may intercept the wire or electronic transmissions of a computer trespasser if all of the following conditions are met: (1) The communications are transmitted from, to, or through a computer system. (2) The owner or operator of the computer system authorizes the interception of the communication. (3) The person is engaged in an investigation. (4) The person has reason to believe that the information intercepted will be relevant to the investigation. (5) The interception does not acquire information other than that transmitted to, from, or through the computer system by the computer trespasser. (b) For purposes of this section, the following definitions shall apply: (1) "Computer trespasser" means a person who accesses a computer system without the authorization of the person who owns or has legal possession of the computer system. A computer trespasser has no reasonable expectation of privacy in communications made to, from, or through the computer system. A person known by the owner or operator of the computer system to have an existing contractual relationship with the owner or operator of the computer system for access to all or part of the computer system shall not be considered a computer trespasser. (2) "Computer system" shall have the same meaning as in paragraph (5) of subdivision (b) of Section 502.